Judge Won't Bar Evidence In Shooting

SANFORD — Statements by Osvaldo Lorenzo Acosta will be allowed into testimony at his first-degree murder trial.

The statements were made after his arrest the night his girlfriend's 7- year-old son was shot and killed.

Circuit Judge Robert McGregor Friday rejected a request by Acosta's attorney to suppress evidence collected the night of the shooting and statements Acosta made to deputy sheriffs after the June 30 incident at his home in the Wekiva community of Seminole County.

McGregor did not rule on attorney Jerry Luxenberg's request for a change of venue because of excessive publicity.

He said he would wait until jury selection begins to determine if an impartial jury can be seated.

Acosta, 49, is scheduled to go on trial Dec. 8. He is charged with first- degree murder in the death of Rolddy Aragon, the son of Margarita Montero, Acosta's girlfriend. He also faces charges of attempted murder in the shootings of Montero and her 15-year-old daughter, Lourdes Aragon.

Luxenberg argued that deputies searched the house the night of the shootings without a warrant and that a crime investigator later went back to the house to obtain evidence without a warrant.

He also indicated that Acosta, a Hispanic, might not have understood the Miranda warning -- a statement given to suspects before they are questioned explaining their right to legal advice.

Deputies testified that Acosta appeared to understand everything said to him.